Even though it’s been a long wait, but Jayant Patel’s former patients and their families are finally about to have their day in court.
Even though it’s been a long wait, but Jayant Patel’s former patients and their families are finally about to have their day in court.
On Monday, more than six months after his extradition from the United States, the Jamnagar-born, Indian-American surgeon will front the Brisbane magistrates court for the first day of his committal hearing.
At the end of the hearing, the presiding magistrate will determine whether there is enough evidence for him to stand trial in the Supreme Court in Brisbane.
More than 150 witnesses will give oral evidence at the committal hearing. Some of the witnesses who live overseas or interstate will give evidence via phone or video link.
Medical experts are expected to testify about Patel’s qualifications and his standard of work during his time as director of surgery at Bundaberg Base Hospital in southern Queensland between 2003 and 2005.
It was during this time that it’s alleged Patel, 58, performed a number of botched operations that led to the death and permanent incapacitation of several of his patients. He’s facing 14 charges, including manslaughter, grievous bodily harm and fraud.
A public health inquiry relating to his time at the hospital was held in Brisbane and Bundaberg in 2005 after National Party MP Rob Messenger aired concerns about Patel in Queensland parliament.
Patel left Queensland for the United States before the hearing, which resulted in a recommendation that charges be laid.
On November 22, 2006, a magistrate issued a warrant for Patel’s arrest on 14 charges, including manslaughter, grievous bodily harm and fraud. It was almost a year, however, before Australia lodged a formal request for extradition with US.
Patel was finally arrested by FBI agents in Oregon in March last year, returning to Australian shores on July 21.
He appeared in the Brisbane magistrates court that day and sat silently in the dock as his lawyers sought bail. Magistrate Brian Hine granted bail to Patel, who was whisked away by his legal team without making any comment to the media scrum patiently waiting outside the courthouse.
Since his release, taxpayers have been forking out more than $100 a day to keep
Patel in food and board while he awaits his court hearing.
If Patel is acquitted, taxpayers will pay to have him flown back to the US. It’s an outcome that Patel’s lawyer, top defence barrister Michael Byrne QC, will fight for.
Mr Byrne will go head-to-head with top crown prosecutor Ross Martin SC, who will be fighting to have Patel committed, and then eventually convicted.
Director of public prosecutions Tony Moynihan has previously indicated he’ll seek an expedited trial if Patel is committed.
Monday’s court hearing is expected to attract wide public interest, and two hearing rooms have been set aside to help house the large media contingent, as well as friends and family of Patel’s alleged victims.
Bundaberg Hospital Patients Support Group spokeswoman Beryl Crosby has
indicated she will attend court for the first few days.
The hearing will run for a three-week block, with an additional two weeks set aside in April.
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